Board approves special exception for eight‑story mixed‑use development at 10 23rd Avenue South

The Metro Nashville Board of Zoning Appeals voted Nov. 6 to approve a special exception for a proposed multifamily mixed‑use building at 10 23rd Avenue South. The appellant, Dwayne Cuthbertson on behalf of GCS Properties LLC, sought relief from the zoning sky‑plane/height control and from street and rear setback requirements in the CS district.

John Michael, attorney with Thompson Burton, told the board the project meets the special‑exception criteria in the Metro zoning code, including preservation of air, light and wind and promotion of a strong pedestrian streetscape. "We believe we meet all those conditions easily under 17‑12‑060," Michael said, arguing the design provides improved massing and functionality while keeping the building well below the maximum vertical control allowed. The revised exhibit submitted to the board shows the control plane allows up to about 124.5 feet; the applicant said the proposed top of the building would be 96 feet and described the project as eight stories with the upper level set back and not visible from the street.

Planning staff had recommended disapproval of the height, suggesting a four‑story limit based on policy for the area, but the applicant noted the difference between policy guidance and the legal standards that allow relief. Board members discussed that the special‑exception standard turns on detrimental effect to the neighborhood; planning’s preference for fewer stories does not alone meet that standard. A motion to approve the special exception was made, seconded and passed with no recorded opposition among the five members present.

The board’s action authorizes the requested sky‑plane and setback relief subject to standard permitting and any other administrative requirements. Staff and the applicant acknowledged letters and neighborhood comments in the file and said they would continue to work with neighbors on conditions where applicable.